Skip to content. Accessibility info.
Menu Top Halifax

Harbour Solutions Project

Record of HRM Council Decisions - 2004

October 12, 2004

11.1 Contractual Matter - Harbour Solutions Project - Biosolids Processing Facility
 
The following in camera Council recommendation was approved:
 
That Halifax Regional Council:

  1. Enter into the Biosolids Processing Facility Development Agreement with SGE Acres Limited for the planning, design, engineering, equipping, procuring, construction, testing, commissioning, completion and transfer of the Biosolids Processing Facility to be located at the AeroTech Park for a Guaranteed Maximum Price not to exceed Twelve Million Two Hundred and Forty Thousand Dollars ($12,240,000.00) plus net HST of $419,685 for a total of $12,659,685 substantially in the form of the attached draft BPF Development Agreement dated October 3, 2004 with the funding as per the Budget Implications Section of the Private and Confidential staff report dated October 7, 2004;
  2. Enter into the Operating and Maintenance Agreement with N-Viro for the operation and maintenance of the Biosolids Processing Facility and the marketing and sale of the Finished Product for Unit Prices described in the Discussion Section of this report and substantially in the form of the attached draft Operating and Maintenance Agreement dated October 1, 2004 with the funding as per the Budget Implications Section of this report;
  3. Enter into any required technology license agreements with N-Viro for the acquisition of all required rights to use N-Viro's intellectual property for a guaranteed maximum price not to exceed Two Hundred and Forty Thousand ( $240,000) plus net HST of $8,229 for a total of $248,229 substantially as per the Budget Implications Section of this report; and
  4. This report is not be released to the public until the contract has been agreed to by all parties.

June 8, 2004

10.1.10 Request for Proposal 04-041,Consulting Services - Harbour Water Quality Monitoring Program, Halifax Harbour Solutions Project

Approved, as recommended by staff.

May 25, 2004

12.3 Legal Matter - Harbour Solutions Permanent Financing

The following In Camera Council recommendation was approved:

It is recommended that:

  1. Halifax Regional Council approve the immediate placement of long term financing in the amount of $110,000,000 for the Halifax Harbour Solutions Project with the costs of financing funded by the Environmental Protection Levy component of the Pollution Control rate currently approved by Halifax Regional Council.
  2. Council instruct staff to conclude negotiations with the Nova Scotia Municipal Finance Corporation for the immediate borrowing of the full amount of $110,000,000 on an unhedged basis.
  3. Staff be authorized to continue negotiations with Stonebridge Financial Corporation to determine if the financing proposal offered on a hedged tranche basis can be further refined to result in a cost of lower than that offered by the MFC.
  4. Staff return to Council on June 15, 2004 with a recommendation on the final financing package and lender.
  5. The firms of Cox Hanson and KPMG be appointed to assist in the detailed negotiations required to conclude the permanent financing arrangements.
  6. The report dated May 18, 2004 not to be released to the public.

April 27, 2004

11.3 Legal Matter - Harbour Solutions Project - Provincial / HRM License Agreement

The following In Camera recommendation was adopted:


That:

  1. Council authorize the Mayor and Municipal Clerk to execute the License Agreement (substantially in the form as Appendix 1 of the April 20, 2004 Private and Confidential staff report) between Her Majesty The Queen in right of the Province of Nova Scotia and Halifax Regional Municipality for the purpose of construction of this portion of the Harbour Solutions Project Sewage Collection System for a one time lump sum payment of $512,000 plus net HST.
  2. The April 20, 2004 Private and Confidential staff report not be released to the public due to the discussion of contractual issues regarding responsibility for payment of the fee.

April 6, 2004

12.5 Legal Matter - Harbour Solutions Project - HPA/HRM License Agreement

The following In Camera recommendation was adopted:

 
That:

  1. Council authorize the Mayor and Municipal Clerk to execute the License Agreement (attached to the Private and Confidential staff report dated March 30, 2004) between Halifax Port Authority and Halifax Regional Municipality for the purpose of construction of the outfall/diffuser portions of the Harbour Solutions Project Sewage Collection System for a one-time lump-sum payment of $37,416 plus HST.
  2. This report not be released to the public due to the discussion of contractual issues regarding responsibility for payment of the fee.

March 30, 2004

12.1 Legal Matter - Harbour Solutions Project - Biosolids Facility

The following In Camera recommendation was ratified:


That:

  1. Regional Council authorize staff to negotiate with SGE Hatch/N-Viro for the planning, engineering, procurement, construction, commissioning, and operation (design/build/operate) of the biosolids processing facility to be located at Aerotech Park.
  2. Should negotiations not progress to staffâ€Ts satisfaction, staff will proceed immediately with a Request for Proposal process and temporary biosolids disposal contingency plan or negotiate directly with proponent number two as subsequently to be determined by Council; and
  3. The March 26, 2004 report not to be released to the public until Council approves the final key terms and conditions for the contract.

March 9, 2004

11.2 Halifax Harbour Solutions Sewage Treatment Plant Development Agreement

The following resolution was adopted by Council:

WHEREAS, beginning in September 1998, HRM undertook a lengthy and detailed RFQ/RFP process for the implementation of the Halifax Harbour Solutions Project ("Project") and, in October 2002, signed agreements ("HREP Agreements") with the Halifax Regional Environmental Partnership ("HREP") and others for the implementation of the Project;

AND WHEREAS the conditions precedent to the effective date of the HREP Agreements were not met by the deadline date and the HREP Agreements are not now in effect;

AND WHEREAS, in August 2003, HRM entered into agreements with Dexter Construction Company Limited to design, plan, engineer, procure, construct and commission the Sewage Collection Systems, Roads and the Outfalls and Diffusers forming part of the Project and to design and construct the Mengoni Avenue Site Expansion;

AND WHEREAS staff was requested to undertake a review of the best means of implementing the balance of the Project and was authorized to negotiate with D & D Water Solutions Inc.

Subject to receiving substantial funding from the Federal Government and subject to receiving confirmation from HRM's insurance advisor, John Thomson, that the terms and conditions of the insurance coverage proposed by D & D Water Solutions Inc. is appropriate given the nature of the Project and current market conditions, Halifax Regional Council:

  1. Enter into agreements with D & D Water Solutions Inc. for the design, construction and commissioning of three sewage treatment plants for a guaranteed maximum price of $133,170,387 (2004 dollars) plus the flow through costs of bonding and insurance plus applicable taxes and inflation as per the draft agreements with funding as per the Budget implications section of this report.
  2. Enter into the Project Agreements (namely the STP Development Agreement, Halifax License, Dartmouth License and Herring Cove License) with D & D Water Solutions Inc., Municipal Enterprises Limited, Degremont and Suez substantially in the form of the draft Project Agreement dated February 17, 2004, presented to and reviewed by Council.

January 13, 2004

12.2 Legal Matter - DND/HRM License Agreement

The following In Camera recommendation was adopted:

That Halifax Regional Council:

  1. Authorize the Mayor and Municipal Clerk to execute the License Agreement (attached as Appendix #1) between Her Majesty The Queen in right of Canada as represented by the Minister of National Defence and Halifax Regional Municipality for the purpose of construction of a portion of the Sewage Collection System on Department of National Defence property for an annual fee of $34,000 plus net HST for a total of $36,186, with yearly cumulative Increases of the Consumer Price Index for the Municipality as determined by Statistics Canada, funds to come from Capital Account #CSE00386-CSE00399, Pollution Control - Halifax Harbour Project.
  2. This report not be released to the public until the license is approved by Council and executed.

12.3 Legal Matter - Halifax Solutions Project Update

The following In Camera recommendation was adopted:

That Halifax Regional Council direct:

  1. Staff to proceed immediately with an Expression of Interest to short list potential proponents to Design/Build/Operate the Sludge Plant and further that staff return to Council with a recommendation to proceed with a Request for Proposal or to negotiate direct.
  2. The Mayor forward a letter to the Minister of Environment and Labour regarding the moratorium on the disposal of bio-solids produced from sewage treatment.

Return to HRM